Crime in Antarctica explained

While crime in Antarctica is relatively rare, isolation and boredom affect certain people there negatively and may lead to crime. Alcoholism is a known problem on the continent and has led to fights and indecent exposure. Other types of crime that have occurred in Antarctica include illicit drug use, torturing and killing wildlife, racing motorbikes through environmentally sensitive areas, assault with a deadly weapon, attempted murder and arson. Sexual harassment also has been reported.[1]

Robberies are rare and unlikely in Antarctica because people entering cannot bring many belongings onto the continent and because there is very little use for money.

Under the 1959 Antarctic Treaty, ratified by 53 nations, persons accused of a crime in Antarctica are subject to punishment by their own country.

National laws applying to crimes in Antarctica

South Africa

South African citizens in Antarctica are subject to South African law under the South African Citizens in Antarctica Act, 1962. Violations of the Antarctic Treaty System are criminal offences under the Antarctic Treaties Act, 1996. Under these two acts, Antarctica is deemed to be within the jurisdiction of the magistrate's court at Cape Town.[2]

United Kingdom

The Antarctic Act 1994 extends the laws of every part of the United Kingdom to UK nationals in Antarctica.[3] Additionally, the Commissioner of the British Antarctic Territory may enact laws for the territory.[4]

United States

The Comprehensive Crime Control Act of 1984 (enacted 12 October 1984) covers crimes committed by Americans or crimes committed against Americans.[5] Any American who is outside of the United States, but not in another country, is still subject to certain U.S. laws. All Americans committing a crime, and any foreigner committing a crime against an American outside of a sovereign state, are subject to prosecution in a U.S. federal court. This includes international waters and Antarctica. Although nations claim territory in Antarctica, the United States does not recognize these claims.

Examples of crimes covered by the Comprehensive Crime Control Act of 1984 include murder, maiming, rape, arson, treason, and bribing a federal official.[6]

New Zealand

The Antarctica Act 1960 describes the jurisdiction of the courts of New Zealand to deal with offences committed in the Ross Dependency and certain other parts of Antarctica.[7]

Sexual harassment and assault

The Australian Antarctic Division released an external review in 2022 revealing allegations of sexual harassment.[8] The division director stepped down in 2023, ahead of the release of additional findings from a subsequent inquiry.[9]

The United States Antarctic Program commissioned an external review following allegations of sexual harassment. The resulting Sexual Assault/Harassment Prevention and Response (SAHPR) report[10] was published in 2022, highlighting issues of sexual assault and harassment, mistrust of the contracted companies, and suggesting avenues for change. In response, the US Congress Committee of Science and Technology held a session addressing the report. In 2023, The National Science Foundation Office of the Inspector General released a report titled "Law Enforcement Perspectives on Sexual Assault and Stalking Issues Pertaining to the United States Antarctic Program".[11]

List of crimes in Antarctica

See also

Notes and References

  1. News: Sexual Harassment Allegations Wipe a Name Off the Map . Medina . Jennifer . 24 September 2018 . The New York Times . 19 January 2019.
  2. Book: Joubert . J. J. . Criminal Procedure Handbook . 11th . Juta . Cape Town . 2014 . 978-1-48510-061-4 . 42.
  3. Web site: Part III of the Antarctica Act 1994 . legislation.gov.uk . The National Archives . 5 April 2021.
  4. Web site: Legislation . Website of the Government of the British Antarctic Territory . Government of the British Antarctic Territory . 5 April 2021.
  5. Book: http://www.usap.gov/travelAndDeployment/documents/ParticipantGuide-Chapter6.pdf . Chapter 6: Living and Working at USAP Facilities : U.S. Criminal Jurisdiction . 2018–2020 USAP Participant Guide . . 2018 . 55 . 19 January 2019.
  6. Web site: Audit of NSF's Law Enforcement Program in the Antarctic . 30 August 2005 . National Science Foundation Office of the Inspector General . 19 January 2019.
  7. Web site: 27 February 2024 . Antarctica Act 2024 . 27 February 2024 . New Zealand Legislation.
  8. News: 2022-09-29 . Antarctic expeditioners complain of 'predatory', widespread sexual harassment as minister, division urge change . en-AU . ABC News . 2023-04-01.
  9. News: 2023-01-30 . Australian Antarctic head resigns as division faces turmoil over workplace culture . en-AU . ABC News . 2023-04-01.
  10. Web site: USAP SAHPR Report .
  11. Web site: NSF OIG Law Enforcement Perspectives on Sexual Assault and Stalking Issues Pertaining to the United States Antarctic Program .
  12. How Antarctic isolation affects the mind . Bennett . John . 15 September 2016 . . 19 January 2019.
  13. Book: Joyner . Christopher Clayton . Chopra . Sudhir K. . The Antarctic Legal Regime . 28 July 1988 . Martinus Nijhoff Publishers . 90-247-3618-8 . 67.
  14. Book: Barrett . Emma . Martin . Paul . Extreme: Why some people thrive at the limits . 23 October 2014 . OUP Oxford . 88 . 978-0-19-164565-5.
  15. News: Weathering the Winter . Hutchison . Kristan . 3 February 2002 . 9–10 . . 19 January 2019.
  16. Web site: Almirante Brown Station, Antarctic Peninsula . Waymarking.com . 19 January 2019.
  17. News: Passing of a Legend: Death of Capt. Pieter J. Lenie at age 91 marks the end of an era in Antarctica . Rejcek . Peter . 20 April 2015 . The Antarctic Sun . 19 January 2019.
  18. News: FBI Agents To Visit Antarctica In Rare Investigation of Assault . Spielmann . Peter James . 14 October 1996 . . 19 January 2019.
  19. News: Cold Cases: Crime and Punishment in Antarctica . Rousseau . Bryant . 28 September 2016 . . 19 January 2019.
  20. News: Antarctica Assault Defendant Released to Halfway House . . A-5 . 22 October 1996.
  21. News: Assault subject pleads not guilty to charges . Honolulu Star-Bulletin . 26 October 1996.
  22. Web site: The Mystery Of The South Pole's Only Murder . Serena . Katie . 17 November 2017 . All That's Interesting . 19 January 2019.
  23. 1 May 2017 . Case 4 - The Death of Rodney Marks . . 19 January 2019 . Mysterious Circumstances.
  24. News: Man faces attempted murder charge after stabbing at Russia's Antarctic outpost . 24 October 2018 . . 19 January 2019.
  25. Web site: A Remote Antarctic Research Station Is Now The Scene Of A Brutal Attempted Murder . Tom . Hale . 26 October 2018 . . 19 January 2019.
  26. Web site: An Attempted Murder at a Research Station Shows How Crimes Are Prosecuted in Antarctica . Haskins . Caroline . 25 October 2018 . . 19 January 2019.
  27. Web site: Cold-Blooded: Scientist In Antarctica Accused Of Stabbing Colleague For Spoiling The Endings Of Books . 30 October 2018 . . 19 January 2019.
  28. Web site: Report: Russian Researcher Charged With Attempted Murder in Stabbing of Colleague in Antarctica . Ryan F. . Mandelbaum . 24 October 2018 . . 19 January 2019.
  29. News: MIA Russia Today . Суд в Петербурге прекратил дело полярника, ударившего коллегу ножом . 8 February 2018 . A court in St. Petersburg dismissed the case of a polar explorer who stabbed a colleague .